In the event of an appeal against an order to remand a person in custody, the accused or the public prosecutor may, if the appeal is lodged no later than the day following the decision to remand the person in custody, ask the president of the investigating chamber or, if he is unable to do so, the magistrate who replaces him, to consider his appeal immediately without waiting for the hearing of the investigating chamber. This request must be made at the same time as the appeal to the Investigating Chamber, failing which it will be inadmissible. The accused, his lawyer or the public prosecutor may submit any written observations in support of the application. At his or her request, the accused person’s lawyer presents oral observations before the president of the investigating chamber or the magistrate who replaces him or her, at a chambers hearing of which the public prosecutor is notified so that he or she can, if necessary, make his or her submissions, with the lawyer having the last word.
The President of the Examining Magistrate’s Chamber or the magistrate who replaces him or her shall rule no later than the third working day following the request, in the light of the information in the case file, by an unreasoned order which is not subject to appeal.
The president of the investigating chamber or the judge who replaces him or her may, if he or she considers that the conditions laid down in article 144 have not been met, reverse the order of the juge des libertés et de la détention and order the release of the person. The investigating chamber is then relinquished of jurisdiction.
If this is not the case, he must refer the examination of the appeal to the investigating chamber.
If he reverses the order of the liberty and custody judge, the president of the investigating chamber or the magistrate who replaces him may order that the person under investigation be placed under judicial supervision.
If the appeal is referred back to the Investigating Chamber, the decision is brought to the attention of the Public Prosecutor. It is notified to the person under investigation by the prison registry, which may, where appropriate, receive the latter’s withdrawal of the appeal.
The declaration of appeal and the request provided for in the first paragraph of this article may be recorded by the liberty and custody judge at the end of the adversarial hearing provided for in the fourth paragraph of article 145. For the application of the second paragraph of this article, the file of the proceedings may be transmitted to the president of the investigating chamber by fax.